Provisional version Committee on Equality and Non-Discrimination Tackling racism in the police Report1 Rapporteur: Mr David DAVIES, United Kingdom, European Democrat Group A. Draft resolution 1. The Assembly regrets that racism does not spare any level of society and that no institution appears immune to racism. The police is no exception. Racism can be present in the attitudes or behaviour of police officers, in their interaction with the population or with other officers. It can also be found in rules and regulations applied by the police, which would in that case qualify as institutional racism. 2. Among these, the Assembly is particularly concerned by racial profiling. It corresponds to the use by the police, with no objective and reasonable justification, of grounds such as race, colour, language, religion, nationality or national or ethnic origin in control, surveillance or investigation activities. Racist behaviours and practices within the police against visible minorities have a negative impact on the public opinion and increase the level of stereotyping and prejudice. 3. Considering that the acknowledgement of the existence of a problem is the first step towards its solution, the Assembly encourages all member states to look at the situation in their respective countries and dare to acknowledge and address, when relevant, the existence of racism in the police. There can be no impunity for manifestations of racism within or by the police and police officers must be held accountable individually for their behaviour. 4. Few Council of Europe member states have established independent police complaints mechanisms. Effective and independent investigations of racist crimes should be conducted and treated as a priority in order to maintain trust in the police and to encourage reporting on such crimes. 5. The Assembly is convinced that concrete change will not happen if there is no change in mindsets and that political will can change cultural attitudes within the police. In addition, diversity training and life-long learning contribute to ensuring that the police reflects and understands the population it serves. The Assembly acknowledges the difficulties and challenges faced by police officers in their daily work. They represent a link between the law and the population which should have a high level of trust in them and never hesitate to report violence, including racist violence. 1 Draft resolution adopted unanimously by the Committee on 5 December 2013. F – 67075 Strasbourg Cedex | [email protected] | Tel: + 33 3 88 41 2000 | Fax: +33 3 88 41 2733 AS/Ega (2013) 41 6. The Assembly recalls the adoption of the recommendation Rec(2001)10 by the Committee of Ministers on a European code of police ethics and encourages the wide application of its principles. It also recalls the work of ECRI and its policy recommendation 11 on combating racism and racial discrimination in policing, which provides guidelines on ways to prevent racial discrimination and prohibiting racial profiling. 7. In the light of these considerations, the Assembly calls on Council of Europe member States to: 7.1. with regard to preventing racism in the police: 7.1.1.review existing legislation and practices of the police with a view to identifying and modifying those that might have a racist connotation; 7.1.2.ask the police forces to adopt an internal code of conduct with regard to the prevention of racism, when it does not yet exist; 7.1.3.encourage diversity in police recruitment; 7.1.4.provide training following recruitment and throughout the career on preventing and combating racism and racial discrimination, in addition to diversity training; 7.1.5.provide, when possible and relevant, language training classes to police officers to allow them to interact and exchange with the population they serve; 7.1.6.carry out research and collect information on racist incidents in the police, including the police reaction to acts of racism by the police so as to monitor the situation and ensure an appropriate institutional response; 7.1.7.provide sufficient resources for the police to work in satisfactory conditions and with absolute respect for the rights of the persons they deal with; 7.1.8.encourage the exchange of good practices between police forces in preventing racism; 7.2. with regard to condemning racism and prosecuting racist behaviours or incidents in the police: 7.2.1.urge political leaders and senior officers of the police forces to publicly condemn any form of racial discrimination; 7.2.2.establish independent police complaints mechanisms where they do not yet exist, allocate appropriate means for their functioning and ensure that sanctions are imposed on police officers following a racist incident; 7.2.3.investigate in a prompt, thorough, effective and impartial manner all allegations of racial discrimination, including by the police; 7.2.4.ask police officers to adopt a public profile and attitude, including in social networks, corresponding to the fundamental values of the police; 7.3 with regard to enhancing trust in the police; 7.3.1.implement the provisions of ECRI General Policy Recommendation n°11 on combating racism and racial discrimination in policing; 7.3.2.clearly define racial profiling, ensure its prohibition and provide specific training on identity checks to all police officers; 7.3.3.ensure that police officers wear a visible form of identification such as identity numbers at all times; 7.3.4.establish the practice to fill out stop forms following identity checks and searches, where it does not yet exist; 7.3.5.carry out monitoring of identity checks and search operations; 2 AS/Ega (2013)41 7.3.6.encourage the establishment of police community liaison officers where they do not yet exist; 7.3.7.encourage members of parliament and the police to enhance their interaction through regular consultations including through appropriate parliamentary mechanisms. 8. The Assembly calls on civil society representatives to strengthen their dialogue with the police through regular consultations and other appropriate means. 3 AS/Ega (2013) 41 B. Explanatory memorandum by Mr David Davies, United Kingdom, European Democrat Group 1. Origin, scope and aims of the report 1. The origin of this report is a motion for a resolution tabled by Tina Acketoft and others.2 The motion stresses that the Assembly should address the issue of racism in law-enforcement institutions, with a view to identifying best practices in Council of Europe member states on how to prevent this phenomenon and ensure transparency and accountability in the work of law-enforcement officials. 2. At its meeting on 3 October 2012 in Strasbourg, the Committee on Equality and Non-Discrimination agreed to narrow down the scope of the report to cover only the police, to the exclusion of other law- enforcement institutions. The title of the report was therefore changed to “tackling racism in the police”. I have tried to take into account the specificities of the institutional framework in different member states in my report. 3. In my report, I would like to be as fair and balanced as possible: I would like to acknowledge the dedication of the police and the difficult conditions in which they have to work; at the same time, I would like to outline attitudes and practices which are racist or border-line, with a view to proposing solutions and safeguards adopted in some member states. In a nutshell, the report looks both at individuals’ racism and institutional racism. 4. Evidence gathered in this report stems from desk research and a hearing held during a meeting of the Committee on Equality and Non-Discrimination on 3 October 2012 in Strasbourg, with the participation of Ms Deborah Glass, Deputy Chair of the Independent Police Complaints Commission (United Kingdom), Mr Julien Le Gars, Deputy Director for public liberties, Ministry of the Interior (France), Ms Chantal Pons- Mesouaki, Deputy Secretary General of the Trade Union for public security officers (France) and Ms Lanna Hollo, Open Society Justice Initiative (France). 5. This report includes the results of three fact-finding visits. I went on a fact-finding visit to the United Kingdom on 10 and 11 December 2012, where I met with police officers, NGOs, Commissioners of the Independent Police Complaints Commission (IPCC), the Police Federation and representatives of New Scotland Yard. The report also includes results of a fact-finding visit to Greece on 12 and 13 June 2013 where I met with representatives of police federations, officials of the Ministry of Public Order, parliamentarians, the prosecutor in charge of racist crime, the Ombudsperson and Deputy Ombudsperson, NGOs, asylum seekers, refugees and lawyers. On 28 and 29 October 2013, I went on a fact-finding visit to Germany where I met police officers, parliamentarians, representatives of the police trade unions, representatives of the German Institute for Human Rights, police officers, police trainers, asylum seekers and non-governmental organisations. I would like to take this opportunity to thank the delegations of the United Kingdom, Greece and Germany to the Parliamentary Assembly of the Council of Europe for their support and excellent cooperation during the fact-finding visits. 2. Introduction 6. Racism and racial discrimination are among the most widespread human rights violations, affecting all levels of society. As Ms Navenethem Pillay, United Nations High Commissioner for Human Rights, said “We must challenge racism at all levels - at the individual, institutional and cultural levels, as well as at the national and international (…). Our societies must be grounded on the principles of equality and non- discrimination. Until this becomes a reality the dream of international peace, to paraphrase a famous musician, will remain a fleeting illusion.”3 7. Europe is facing a number of challenges, with an economic and financial crisis affecting its political and democratic stability.